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QUIRITARIAN OWNERSHIP Definition & Legal Meaning

Definition & Citations:

In Roman law. Ownership held by a title recognized by the municipal law, in an object also recognized by that law, and in the strict character of a Roman citizen. “Roman law originally only recognized one kind of dominion, called, emphatically, ‘quiritary dominion.’ Gradually, however, certain real rights arose which, though they failed to satisfy all the elements of the definition of quiritary dominion, were practically its equivalent, and received from the courts a similar protection. These real rights might fall short of quiritary dominion in three respects: (1) Either in respect of the persons iu whom they resided; (2) or of the subjects to which they related; or (3) of the title by which they were acquired.” In the latter case, the ownership was called “bonitarian,” i. e., “the property of a Roman citizen, in a subject capable of quiritary property, acquired by a title not known to the civil law, but introduced by the pretor and protected by his imperium or supreme executive power;” e. y., where res mancipi had been transferred by mere tradition. Poste’s Gaius’ Inst. 186. Quisquis erit qui vult juris-consultus haberi continuet studium, velit a quo- cunque doceri. Jenk. Cent. Whoever wishes to be a jurisconsult, let him continually study, and desire to be taught by every one. Quisquis prsesumitur bonus; et semper in dubiis pro reo respondendum. Every one is presumed good; and in doubtful cases the resolution should be ever for the accused.


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